WATER CONTRACT RULES (October 2015) TABLE OF CONTENTS

Transcription

1 Board Approved - October WATER CONTRACT RULES (October 2015) TABLE OF CONTENTS Page Article 1. PURPOSE... 3 Article 2. AUTHORITY... 3 Article 3. DEFINITIONS... 3 Article 4. Application PROCEDURES Application submittal Administrative Review Technical Review Notice of Application Board Approval Required Expiration of Application Action on an Application by the General Manager or Designee Action on an Application by the Board Application Following Default Retention in Central Records and Transmittal to Purchaser TCEQ filing requirements Article 5. Application Content Requirements Elements of an administratively complete application Maps and descriptions required Water Conservation, Drought Contingency Plans Purchasers with multiple contracts Secondary water sales Non-Standard Application Application Forms Application fees and Deposit Article 6. Standard Contract Provisions Required Standard Contract Terms Regarding Water Use Surplus Water and Return Flows Source of Supply Terms of contracts Notices required Provision of Regulatory Approvals Article 7. AMENDMENTS Amendments to Standard Contract terms Amendments to existing contracts Contract assignments Article 8. SUPPLEMENTAL REQUIREMENTS Water measurement Testing of Measuring Device Water audit and unaccounted-for water loss Water intakes, diversion works, and impoundments Use of LCRA property Exceedance of MAQ Upstream or Downstream Tributary Contracts Returned Instrument Fee

2 8.9 Pro rata reduction during water shortage Article 9. AGRICULTURAL INTERRUPTIBLE WATER SERVICE CONTRACTS Applicability Deadline for Applications and Contracts Unpaid Account Balances Article 10. VARIANCES Article 11. Pro Rata Curtailment of Water Use by Firm Water Customers Purpose and Overview Definitions Time Periods and Billing Cycles LCRA Transmittal of Current Demand and Request for Curtailment Plan Determination of Customer s Baseline Amount and Annual Allotment Development and Implementation of Customer Curtailment Plans Updates to Customer Drought Contingency Plans Board Action Implementing Pro Rata Curtailment Monitoring, Reporting and Water Rates Incentives Trading Enforcement Cessation of Pro Rata Curtailment Variance to the Pro Rata Curtailment Appeal of General Manager s Decision on a Request for a Variance from the Pro Rata Curtailment Article 12. REQUIREMENTS FOR INTERBASIN WATER SALES TO WILLIAMSON COUNTY Applicability Definitions Conservation Charge No Net Loss TABLE Board Approved - October

3 WATER CONTRACT RULES ARTICLE 1. PURPOSE The purpose of these rules is to provide guidance and establish procedures for the administration of the Lower Colorado River Authority s (LCRA s) water contracts and related activities, consistent with LCRA Board Policy and State law. The LCRA Board of Directors may amend these rules from time to time. These rules apply to LCRA s various water contracts, as well as resolutions passed by the LCRA Board of Directors for the supply of water under water rights and from water supplies owned or otherwise controlled by LCRA. Except as set forth in Article 9 of these Rules, these rules do not apply to LCRA s Agricultural Interruptible Water Service Contracts. Sales of water by LCRA are subject to, among other things, water availability, the policies and directives of LCRA including the Water Management Plan, and the requirements of the Texas Water Code and rules of TCEQ. ARTICLE 2. AUTHORITY (a) (b) These rules are promulgated in accordance with state law, including the LCRA enabling legislation and the Texas Water Code, LCRA s existing water rights, LCRA s Water Management Plan, and LCRA policies and rules. As a Texas conservation and reclamation district and owner of major water rights in the lower Colorado River watershed, LCRA makes water available from its water rights to purchasers in accordance with State laws, rules and permits and applicable LCRA policies and rules on terms that are just, reasonable and without discrimination to the extent that water is available based on LCRA s water rights. ARTICLE 3. DEFINITIONS The following definitions shall apply to terms used in these administrative rules and in LCRA s water contracts, unless such terms are otherwise defined in the water contracts. 3.1 Acre-foot of water: A quantity of water equal to 325,851 U.S. gallons. Such quantity of water would cover one acre of land to a depth of one foot. 3.2 Agriculture or agricultural: These terms mean any of the following activities: a) Cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; b) The practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; c) Raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; d) Raising or keeping equine animals; e) Wildlife management; f) Planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure, and g) Aquaculture, as defined by Section of the Texas Agriculture Code. Board Approved - October

4 3.3 Agricultural Interruptible Water Service Contract: Contracts issued typically on a seasonal term for water diverted and delivered to Purchasers by LCRA s Irrigation Operations. Except for Article 9 of these rules, these rules do not apply to Agricultural Irrigation Service Contracts. 3.4 Agricultural Use: Any use or activity involving Agriculture, including Irrigation. 3.5 Applicant: A person, association of persons, or other entity who has submitted an application for a contract to purchase water from LCRA, and who has provided all information required under these rules. 3.6 Beneficial Use: Use of that amount of water that is economically necessary for the purpose authorized in the contract, when reasonable intelligence and reasonable diligence are used in applying the water to the purpose. 3.7 Certificate of Adjudication: An instrument evidencing a water right issued to each person adjudicated a water right in conformity with the provisions of the Texas Water Code. 3.8 Conveyance, Delivery or System Loss: That amount of additional water needed to transport water downstream using the bed and banks of a stream or watercourse, through a canal system or other similar conveyance system to meet the requested or ordered amount of water at the point or location of delivery under the contract; or that amount of water that is reasonably expected to be lost due to evaporation, transpiration, recharge, seepage, leakage or other similar losses in the transportation of the water from the source of supply to the Point of Delivery or Point(s) of Availability under the contract 3.9 Customer: A person, association of persons, or other entity to whom a water contract has been issued (see Purchaser) Demand Schedule. A demand or use schedule that reflects Applicant s best estimate of the scheduled initiation of diversions, initial usage, annual water usage, and any increases to it over time (at 5, 10, and 20 year intervals). Such schedule shall also include Applicant s anticipated diversion rate(s) over this period, including the Applicant s maximum diversion rate Domestic Use: Use of water by an individual or a household to support domestic activity. Such use may include water for drinking, washing, or culinary purposes; for irrigation of lawns, or of a family garden and/or orchard; for watering of domestic animals; and for water recreation including aquatic and wildlife enjoyment. If the water is diverted, it may be diverted solely through the efforts of the user or may be diverted using facilities that are shared by other domestic users, so long as the water that is diverted does not receive any treatment prior to receipt by individual users or households. Domestic use does not include water used to support activities for which consideration is given or received or for which the product of the activity is sold Drought Contingency Plan: A plan prepared by an Applicant or Purchaser, in accordance with LCRA s Drought Contingency Plan Rules (included in these Water Contract Rules as Appendix B), which includes a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies Firm water supply: A supply of water available for Beneficial Uses including domestic, municipal, agricultural, industrial, mining, aquifer storage and recovery, wildlife management, livestock use, instream flows, and bays/estuaries inflows that could be provided during a repetition of: i) the historical drought for the lower Colorado River specified in the Water Management Plan or other written determination of Highland Lakes firm water supply approved by TCEQ; or, ii) the most severe historical drought according to TCEQ, the Texas Water Development Board or applicable groundwater conservation district permit, water management plan and/or rules and regulations for any other source of supply from which LCRA makes water available Highland Lakes: Lakes Austin, Travis, Marble Falls, LBJ, Inks, and Buchanan. Board Approved - October

5 3.15 Industrial Use: The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and the development of power by means other than hydroelectric, but does not include agricultural use Interruptible water supply: A supply of water available for irrigation, instream flows, bays/estuaries inflows, and other non-firm water supply uses that is subject to interruption or curtailment pursuant to published policies and procedures as established in LCRA s Water Management Plan Irrigation Use: The use of nonpotable water, not including reclaimed water or sewage effluent distributed through a municipal distribution system, for the irrigation of crops, trees, and pasture land including, but not limited to, golf courses and parks Livestock use: The use of water for the open-range watering of livestock, exotic livestock, game animals, or fur-bearing animals. For purposes of this definition, the terms livestock and exotic livestock are to be used as defined in of the Agriculture Code, and the terms game animals and fur-bearing animals are to be used as defined in and , respectively, of the Parks and Wildlife Code Maximum Annual Quantity (MAQ): The maximum amount of water to be made available from LCRA supplies to a Purchaser in any year under a water contract Mining Use: The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field repressuring Municipal Use: The use of potable water within a community or municipality and its environs for domestic, residential (including multi-family), recreational, institutional, commercial or industrial purposes or for the watering of golf courses, parks and parkways. Such use also includes all nonrevenue uses and the volume lost during the conveyance, treatment or transmission of the water. Such use further includes the use of reclaimed water in lieu of potable water for the preceding purposes or the application of municipal sewage effluent on land, under a Texas Water Code, Chapter 26, permit where: a) the application site is land owned or leased by the Chapter 26 permit holder; or b) the application site is within an area for which the TCEQ has adopted a no-discharge rule Non-potable Water. Water that is not suitable for direct human consumption Point(s) of Delivery: The point or points where the Secondary Purchaser s water conveyance system is connected to a Primary Purchaser s water conveyance system Point(s) of Availability: The point or points from which water is diverted, pumped, impounded or otherwise withdrawn, from a reservoir, watercourse, stream or other water source Potable Water. Water that is suitable for direct human consumption Primary Purchaser: A Purchaser who receives water directly from LCRA s firm water supply and delivers all or a part of that water to a Secondary Purchaser Purchaser: A person, association of persons, or other entity to whom a water contract has been issued (see Customer) Recreational Use: The use of water impounded in or diverted or released from a reservoir or watercourse for fishing, swimming, water skiing, boating, hunting, and other forms of water recreation, including aquatic and wildlife enjoyment, and aesthetic land enhancement of a subdivision, golf course or similar development by addition of water features such as amenity ponds or water traps from which no water is withdrawn for other purposes Return Water or Return Flow: That portion of water diverted from a source of water supply and put to Beneficial Use, which portion is not consumed as a consequence of that use and is returned to the source of supply. Return flow includes sewage effluent Reuse or Direct Reuse: The authorized use of water obtained pursuant to a water contract, for the Beneficial Use identified in and within the service area of the water contract, which water remains unconsumed after the water is used for the original purpose of use but before that water is either Board Approved - October

6 disposed of or discharged or otherwise allowed to flow into a stream, watercourse, lake or other body of state-owned water Secondary Purchaser: A Purchaser who receives firm water under contract with LCRA through delivery from a Primary Purchaser Standard Contract: A contract that may be issued by the General Manager or his/her designee without specific approval of the Board of Directors in accordance with these rules. The General Manager may, at his or her discretion, recommend that any request for a Standard Contract be considered by the Board if the General Manager determines there are extenuating circumstances Surplus Water: Water taken from any source in excess of the initial or continued Beneficial Use of the appropriator for the purpose or purposes authorized by law. Water that is recirculated within a reservoir for cooling purposes shall not be considered to be surplus water Temporary water contract: A contract issued for any of the various Beneficial Uses of water authorized in LCRA s Certificates of Adjudication or any other water right associated with water under LCRA s control when a small volume of water is needed for a short period of time TCEQ: The Texas Commission on Environmental Quality or any of its predecessor or successor agencies Water Conservation. Water conservation includes, but is not limited to, those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, and increase the recycling and reuse of water so that a water supply is made available for future or alternative uses Water Conservation Plan: A plan prepared by an Applicant or Purchaser, in accordance with LCRA s Water Conservation Plan Rules (attached hereto as Appendix A), which is intended to, among other things, promote efficiency in a Purchaser s use of water Water Contract Rules: The rules promulgated by LCRA s Board of Directors which provide guidance and establish procedures for the administration of LCRA s water contracts and related activities, including LCRA s Water Conservation Plan Rules and LCRA s Drought Contingency Plan Rules Water Management Plan: A plan required in specific water rights held by LCRA and approved by the TCEQ that defines LCRA s reservoir operations, water management program and policies under those water rights Water right: A right acquired under the laws of the State of Texas to impound, divert, or use state water Water Contract or Water Sale Contract: A contractual agreement between LCRA and a Purchaser for the sale of water from the source of supply as specified in Section 6.3 of these rules. ARTICLE 4. APPLICATION PROCEDURES 4.1 Application submittal. (a) The Applicant shall submit to LCRA for review and approval a water contract application and associated materials as described in Article 5 of these rules. Prior to submittal of the application, the Applicant (or the Applicant s representative) may request a meeting with LCRA staff to discuss the application procedure and various requirements. (b) An application for a single contract for multiple purposes of use may be submitted unless the General Manager or his/her designee finds that a separate application and contract for each category of use is required for accounting, reporting, or consistency with any underlying LCRA water right. (c) The timelines in these rules for LCRA staff to conduct its administrative and technical review of an application are intended as guidance to be followed in good faith and are not enforceable by the Applicant or any other party against LCRA. Failure by LCRA to complete Board Approved - October

7 (d) review within the timelines provided in these rules shall not constitute a waiver by LCRA of any of its rights. The timelines in these rules are not applicable to review of an application that requires a non-standard contract. An application is considered filed on the date the Applicant delivers the application to LCRA or deposits the Application with the United States Postal Service by certified mail addressed to LCRA at the following address: Lower Colorado River Authority, c/o Firm Raw Water Sales, 3700 Lake Austin Blvd., Austin, TX Administrative Review. (a) LCRA staff shall use reasonable efforts to conduct a review of the application for administrative completeness and provide written notice to the Applicant within ten (10) business days after the date the application is filed that specifies the necessary documents or other information needed to consider the application administratively complete. Such notice shall also specify the date on which the application will expire if the documents or other information is not provided. To be determined administratively complete, Applicant must submit all information required under Article 5 of these rules. (b) If the application is determined to be administratively incomplete on its face, LCRA staff shall notify the Applicant in writing of the deficiencies. After receipt of such notice from LCRA, the Applicant shall have fifteen (15) business days to file additional information as requested to correct such deficiencies. (c) If the information subsequently provided by Applicant does not allow LCRA staff to determine that the application is administratively complete, or if Applicant does not provide additional information, then LCRA staff shall return the application to Applicant as administratively incomplete. (d) In the event that LCRA determines that it has insufficient supplies of firm water to meet the requested needs of competing contract applications for firm water, LCRA shall use the order of preferred uses contained in Texas Water Code (currently, section ) in determining the preference in contracting to assign to requests that are deemed administratively complete on the same date. 4.3 Technical Review. (a) Once the application has been declared administratively complete, LCRA staff shall use reasonable efforts to conduct a technical review of the application material within forty-five (45) business days of the declaration of administrative completeness. (b) The review of the Applicant s proposed water conservation plan and any applicable drought contingency plan shall be conducted as part of the technical review in accordance with the procedures published in LCRA s Water Conservation Plan Rules, attached hereto as Appendix A; LCRA s Drought Contingency Plan Rules, attached hereto as Appendix B; and TCEQ rules governing water conservation plans and drought contingency plans. Contracts will not be presented to the LCRA Board of Directors and/or approved by LCRA staff without LCRA staff approving Applicant s water conservation and drought contingency (if applicable) plans. (c) If necessary, an extended technical review period shall be provided to determine: (i) the source of supply, infrastructure, water right permits or other authorizations needed to supply water under the contract; (ii) the time frames in which water may be developed under the contract; and, (iii) the appropriate share of the costs to be contributed by the Purchaser, or charged to the Purchaser through surcharges, in addition to the rates, fees and charges under a Standard Contract. Such extended technical review shall be necessary for: (i) any contract request for an amount of 1,500 acre-feet of water or greater; (ii) any contract request for Board Approved - October

8 (d) (e) (f) (g) which the water supply would be inconsistent with the most recently approved Lower Colorado Regional Water Plan; or, (iii) any contract request for which staff determines that the request seeks a supply for which water may not be immediately available from existing supplies without additional water right permits, infrastructure, or firm water supplies. Technical review of all other aspects of the application material will be conducted in accordance with the procedures herein. After the appropriate technical review has been completed, the Applicant shall be notified of the approval or rejection of the application. In addition, staff shall provide to Applicant proposed non-standard terms for inclusion in the contract. If additional information is needed to complete the technical review of the application, LCRA shall notify the Applicant in writing and the Applicant shall have thirty (30) business days from receipt of such notification to submit the additional information to LCRA. If the Applicant fails to submit the requested information within the requested timeframe, the application will be returned. If Applicant provides the requested information and LCRA staff reviews it and approves, LCRA shall provide Applicant a final draft of the proposed contract. If Applicant accepts the terms of the final draft, then Applicant shall provide public notice in accordance with Section 4.4. No reservation of water or other consideration shall be made for the requested water until execution of the contract. 4.4 Notice of Application. (a) Upon notice by staff of the completion of the technical review of an application for which Board approval is required and acceptance by Applicant of LCRA s proposed contract terms, including preparation of all necessary exhibits, the Applicant shall cause to have published at its own expense in a newspaper of general circulation in the county or counties where the water will be impounded, diverted, or otherwise used notice of the application and proposed Board action. (b) Notice of the application and proposed Board action shall contain: 1) the name and address of the Applicant; 2) the date on which the application was received by LCRA; 3) the proposed amount, purpose of use and location of the requested water; 4) a description of the diversion works and impoundment(s) and their locations; 5) the time and location where the Board will consider the application; and 6) information on where a person may obtain a copy of the application from the Applicant. (c) The date of publication of notice of the application and Board action shall not be less than 30 days prior to the date set for Board consideration of the application. (d) An affidavit of publication from the publisher shall be submitted by the Applicant to the General Manager or his or her designee within five (5) business days of publication. (e) The Applicant also shall provide mailed notice by certified mail of the application and proposed Board action to the Commissioner s Court of the county or counties in which the requested water is proposed for impoundment, diversion, or use. Such notice shall contain the information as provided for publication in this section and shall be received by the Commissioner s Court not less than 30 days prior to the date set for Board consideration of the application. Receipt of delivery of certified mail shall be provided by the Applicant to the General Manager or his/her designee within five (5) business days of Applicant s receipt of the delivery receipt. (f) LCRA shall not take action on an application for which notice is required until notice is given Board Approved - October

9 (g) as required by this section and proof of publication and delivery is provided to LCRA in accordance with this section. If action on the application is delayed to a Board meeting held within 6 months of the date for which notice was provided, the Applicant shall not be required to renotice. 4.5 Board Approval Required. (a) The following contracts and contract amendments are subject to approval by the LCRA Board of Directors: 1) all proposed water contracts, whether a Standard Contract or not, with a Maximum Annual Quantity of at least 500 acre-feet per annum; 2) amendments to existing contracts with a MAQ of at least 500 acre-feet per annum that increase the term of the contract; 3) amendments to existing contracts that increase the MAQ to at least 500 acre-feet; and, 4) any non-standard water contracts or substantive amendments to non-standard water contracts. (b) All other contracts and contract amendments may be approved by LCRA s General Manager or his/her designee in accordance with these rules. 4.6 Expiration of Application. An application shall expire without further action by LCRA forty-five (45) days after it is filed if: (1) the Applicant fails to provide documents or other information necessary to comply with LCRA s technical requirements relating to the form and content of the application; (2) the LCRA provides notice to the Applicant as required by Rule 4.2; and (3) the Applicant fails to provide the specified documents or other information within the time provided in the notice. 4.7 Action on an Application by the General Manager or Designee. (a) Upon completion of staff technical review, if staff determines that a contract can be approved by the General Manager or his/her designee as provided by these rules, staff will prepare the contract for execution and send such contract to the Applicant for signature. (b) Within thirty (30) days of receipt, the proposed contract(s) shall be signed by the Applicant or the Applicant s duly authorized representative, and returned to LCRA. If the Applicant is a corporation, partnership, public district, county, municipality, or other corporate entity, the contract shall be signed by a duly authorized official. Written evidence in the form of bylaws, charters, resolutions or other written documentation that specifies the authority of the official to take such action shall be submitted with the signed contract. A corporation may file a corporate affidavit as evidence of the official s authority to sign. (c) Upon LCRA s receipt of the proposed contract signed by the Applicant or the Applicant s duly authorized representative and all other documentation requested as part of the application process, the proposed contracts will be delivered to LCRA s General Manager or his/her designee for signature. 4.8 Action on an Application by the Board (a) Following public notice of the application provided in accordance with Section 4.4., LCRA staff shall schedule the proposed contract request for consideration by the Board. If approved by the LCRA Board, staff will prepare the contract for execution and send such contract to the Applicant for signature. (b) Within thirty (30) days of receipt, the proposed contract(s) shall be signed by the Applicant or the Applicant s duly authorized representative, and returned to LCRA. If the Applicant is a Board Approved - October

10 (c) corporation, partnership, public district, county, municipality, or other corporate entity, the contract shall be signed by a duly authorized official. Written evidence in the form of bylaws, charters, resolutions or other written documentation that specifies the authority of the official to take such action shall be submitted with the signed contract. A corporation may file a corporate affidavit as evidence of the official s authority to sign. Upon LCRA s receipt of the proposed contract signed by the Applicant or the Applicant s duly authorized representative and all other documentation requested as part of the application process, the proposed contracts will be delivered to LCRA s General Manager or his/her designee for signature. 4.9 Application Following Default. LCRA reserves the right to reject an application for a water contract or renewal of a water contract by a person or entity that has defaulted on another water contract with LCRA. LCRA reserves the right to reject an application for a water contract by an entity for which the majority interest is controlled by a person or entity that has defaulted on another water contract Retention in Central Records and Transmittal to Purchaser. Following execution of the water contract by the LCRA General Manager or his/her designee the contract will be incorporated into LCRA s Central Records where an original executed contract will be retained as a public record. Another original executed contract will be transmitted to the Purchaser for its records as soon as reasonably possible following the approval of the contract TCEQ filing requirements. LCRA staff shall file with the TCEQ a copy of any newly executed water contracts as may be required by TCEQ s substantive and procedural rules for water rights. ARTICLE 5. APPLICATION CONTENT REQUIREMENTS 5.1 Elements of an administratively complete application. An application for a water contract shall be considered administratively complete upon the receipt by LCRA of the following information: (a) The full name, physical address, mailing address (if different than physical address), telephone number, and social security or taxpayer identification number for each Applicant, as follows: 1) A corporation shall be designated by the firm name followed by the words corporation or Inc. Corporate applications shall include a listing of all corporate executives, titles, and social security numbers. A partnership shall be designated by the firm name and the words a partnership. Partnership applications shall include a listing of all partners, titles, and social security or taxpayer identification numbers. A joint venture shall be designated by the joint venture s name followed by the words Joint Venture. Joint venture applications shall include a listing of all ventures, titles, and social security or taxpayer identification numbers. A trust shall be designated by the trust s name, the trustee s name, followed by the word trustee. Trust applications shall include the taxpayer identification number and/or social security number of the trustee; 2) If someone other than the named Applicant executes the application, the name, position, mailing address and telephone number of the person executing the Board Approved - October

11 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) application shall be given as well as documentation evidencing the authority of the person to sign the contract on behalf of the named Applicant. Documentation describing the Applicant s organizational structure (e.g., if the Applicant is a corporation, provide a certificate from the Secretary of State); All information requested by LCRA to establish: 1) the Applicant s intended water use, including a Demand Schedule of the water to be made available by LCRA under the proposed contract; 2) whether the application is for a firm or interruptible supply of water: 3) the amount, or Maximum Annual Quantity, of water that Applicant requests LCRA to supply, including a detailed description of how Applicant determined the amount necessary for the proposed Beneficial Use; 4) the appropriate water source and any necessary infrastructure or water rights amendments that may be required to supply the water requested (based on Applicant s proximity to water source, topographic, hydraulic, hydrologic and jurisdictional constraints); 5) the Applicant s intended method of wastewater disposal, and the estimated amount and location of Return Flow; 6) whether the Applicant intends to request a renewal or amendment of the contract upon its termination and any related future long-term water supply requests by the Applicant to LCRA; and 7) the Applicant s compliance with any applicable rules of any regulatory agencies. The application fee as provided in the amount described in Section 5.8 of these rules; Maps showing the Point(s) of Availability, point of delivery (as appropriate), point of Return Flow (if any), and the legal description of the service area in the manner required in these rules. (Applicants for domestic use contracts not to exceed 10 acre-feet per year need only supply such maps upon request by LCRA); A copy of any water rights or permits, or applications for water rights or permits, associated with the Point(s) of Availability or service area upon which Applicant may rely; If the Applicant is a corporation, partnership or joint venture, documentation showing the Applicant s legal rights with regard to the property included in the service area (e.g., deed, lease); A draft Water Conservation Plan and Drought Contingency Plan, unless these rules or LCRA s Water Conservation Plan Rules or LCRA s Drought Contingency Plan Rules do not require such a plan for the type of contract sought by Applicant; An analysis of how the requested amount of water was determined by the Applicant to be necessary for the proposed use when considering the Beneficial Use of the water without waste and the full implementation of the Applicant s water conservation plan; If Applicant has an alternate source of water supply that it will also be diverting from the same facilities used to divert water under the requested contract, Applicant shall provide a proposed accounting plan setting forth how it intends to account for and report water used from the various sources of supply; An estimate, prepared and sealed by a Texas-registered professional engineer, of conveyance, delivery or system losses that are expected to be incurred to make the amount of water requested available at the Point(s) of Availability under the contract. Upon approval by LCRA staff of appropriate estimates, conveyance, delivery or system losses amounts shall be incorporated into the requested MAQ, as appropriate; For a contract for water upstream of any of the Highland Lakes, or water from a tributary of the Colorado River downstream of the Highland Lakes, a technical analysis performed and sealed by a Texas-registered professional engineer, of the potential maximum impact of the Board Approved - October

12 (m) (n) proposed sale on LCRA s Combined Firm Yield of Lakes Buchanan and Travis or any other senior downstream water rights that the LCRA staff may designate. Upon acceptance and approval of appropriate estimates by LCRA, such analysis shall be used to establish the MAQ of the contract. Applicant also shall include such estimates in its application for the Permit to Use State Water necessary to use the water sought in the contract request; Any other information required by the General Manager, these rules, the application form, or otherwise by law; and, The notarized signature of a representative authorized to sign the application on behalf of the Applicant. 5.2 Maps and descriptions required. The Applicant shall submit four (4) copies of the items listed below, except that an Applicant for a domestic use contract not to exceed 10 acre-feet per year shall only submit such items upon request by LCRA. All maps should be of reasonable size and scale to permit attachment to the contract as exhibits and must be legible and readable when reduced to 8.5 x 11 size. The items below will be attached to the water contract and incorporated by reference. (a) (b) (c) Point(s) of Availability map. The Applicant shall provide a map identifying the location of all Points of Availability (points of diversion and/or impoundment) and points for discharge of Return Flow, if any. The map shall be a 7-½ minute United States Geological Survey topographic map indicating the bearing and distance from an original county survey, or from abstracts or surveys in the State of Texas Stream Adjudication Map, to the Points of Availability or its latitude and longitude. The Applicant shall also provide GPS coordinates of any intakes or impoundments. Legal description. The Applicant shall provide the legal description of the service area. A complete metes and bounds survey of the service area, or other legal documentation filed with county, state, or federal agencies (e.g., a plat filed in county public records; a Certificate of Convenience and Necessity map filed with the TCEQ) will be accepted. The Applicant may submit as a service area only that area for which it has a legal right and requisite authority to serve. The service area for a city shall not extend outside of the city s extraterritorial jurisdiction absent documentation showing the city s authority to serve the area. Service area as defined in a Certificate of Convenience and Necessity (CCN) or service areas of officially recognized political subdivisions should appear exactly as they appear in the documentation of any applicable regulating authority. If an Applicant has applied for but not yet been granted a CCN or similar right to serve a particular area, the service area proposed in the contract shall be that area that is included in the filing for a certified service area. If no CCN or other right to serve is required, the service area shall be that area where the Applicant intends to provide water. Service area map. The Applicant shall provide a map delineating the service area in relation to the surrounding landmarks, established cities, and major thoroughfares. This map should reflect the legal description provided above. 5.3 Water Conservation, Drought Contingency Plans. (a) The Applicant shall submit for review and approval four (4) copies each of a water conservation plan and a drought contingency plan (where applicable) in accordance with the LCRA Water Conservation Plan Rules (attached hereto as Appendix A), LCRA Drought Contingency Plan Rules (attached hereto as Appendix B) and any applicable TCEQ Board Approved - October

13 (b) (c) regulations for drought contingency plans. The plans must address the requirements of the rules in regard to conservation and drought contingency. LCRA staff will review each plan to determine whether it is consistent with the LCRA Water Conservation Rules, LCRA Drought Contingency Plan Rules and applicable state law or rules. Any required plans approved by LCRA staff will be attached to the proposed contract and will be incorporated into the contract by reference. LCRA, through written notice to Purchaser, may require a Purchaser from time to time to amend its Water Conservation Plan or its Drought Contingency Plan to reflect changes in LCRA s Water Conservation Plan Rules, LCRA s Drought Contingency Plan Rules, or state law or rules. If Purchaser subsequently fails to amend its plans in accordance with such amended rules or changes in applicable state law, or fails to implement its conservation plan, LCRA may terminate the water contract following written notice to Purchaser and opportunity to cure of not more than thirty (30) days. 5.4 Purchasers with multiple contracts. In the event that the Applicant has a pre-existing water supply contract with LCRA for a different use or service area than the proposed contract, and the Applicant desires to designate some or all of the same Point(s) of Availability for its proposed contract, the Applicant must provide four (4) copies of the following additional information: (a) (b) A map of reasonable size and scale, showing the Point(s) of Availability to be shared and the Points of Delivery on the Purchaser s water conveyance system for Purchaser s existing and proposed contracts. Such map will be incorporated into the proposed contract(s) by reference. At the Points of Delivery, Purchaser shall install appropriate water measuring devices in order to determine the amount of water being supplied under each contract. The map submitted pursuant to subsection (a) shall show the location of such measuring devices. 5.5 Secondary water sales. In the event the Applicant, as a Secondary Purchaser, desires to procure a contract for water from LCRA but have another of LCRA s water sale customers, the Primary Purchaser, divert, and deliver that water from LCRA s firm supply, or the Applicant is a Primary Purchaser that will divert and deliver water to a Secondary Purchaser, the Applicant must provide four (4) copies of the following additional information: (a) A map of reasonable size and scale, showing the point where the Secondary Purchaser s water conveyance system is connected to the Primary Purchaser s water conveyance system. Such map will be incorporated into the proposed contract by reference. At the Point of Delivery, the Secondary Purchaser shall install an appropriate water measuring device in order to determine the amount of water being supplied to the Secondary Purchaser such that the Primary Purchaser is not charged for that water. (b) A written agreement between the Secondary Purchaser and the Primary Purchaser for the supply of water. 5.6 Non-Standard Application. Any application for a contract that, in staff s determination, would require terms in addition to, or a variance from, the Standard Contract terms shall provide the information and fees requested in this Article and shall provide any additional technical information or data that the General Manager or his/her designee determines is necessary for the evaluation of the contract application, including but not limited to any information related to the infrastructure, water right or other authorizations, estimated costs and schedules that may be needed for LCRA to supply the water sought by the Board Approved - October

14 application. The General Manager or his/her designee will work with the Applicant to develop a proposed schedule for having the Applicant or a third party (on which third party Applicant and the General Manager or his/her designee must agree) develop any additional technical or other information needed for LCRA to evaluate the contract application. In the event that the Applicant does not provide the requested additional technical or other information within a reasonable timeframe as outlined in the proposed schedule, then said application shall be returned to Applicant as administratively incomplete with the deficiencies duly noted. 5.7 Application Forms. LCRA staff shall furnish, upon written request, an application form(s) and instructions for preparing such application. The use of the application form is not mandatory; however, the Applicant must submit all the information required by these rules and requested in the application form. Should an Applicant choose not to use the form provided by LCRA, the Applicant shall provide all data requested in the application form and by these rules in such a manner that the information is separated into paragraphs numbered to correspond with those on the printed form. All applications shall be typewritten or printed legibly in ink. Illegible applications will be returned to the Applicant. 5.8 Application fees and Deposit. (a) Deposit Except as set forth in this section, any Applicant seeking a contract for 500 acre-feet per year or more shall provide a deposit equal to the Reservation Rate in effect on the date the application is submitted multipled by the Maximum Annual Quantity. Upon approval and execution of any proposed contract, LCRA shall use funds on deposit as a credit towards the customer s Reservation Fees. If no contract is issued, LCRA shall refund the deposit within three (3) business days of any final LCRA action regarding such contract request, less any additional expenses incurred by LCRA in reviewing such application, if the Application Fees were insufficient to cover such expenses. A deposit is not required for applications submitted by existing customers in good standing or governmental authorities that are exercising taxing authority (including contract tax pledges in support of the raw water contract). (b) Application Fees. A non-refundable application fee shall be charged for all applications for firm and interruptible water contracts (except those governed by Article 9), including contract renewals, as described below. The fee must be submitted with the application. Applicants requesting more than one water contract must submit the appropriate application fee for each application. The LCRA Board of Directors reserves the right to from time to time modify the fees associated with water contract applications. (1) Temporary contract $100 (2) Contract for Domestic Use ( 10 acre-feet/year) no charge (3) Landscape irrigation or recreational use contract $500 ( 20 acre-feet/year following standard water conservation and drought contingency plans) (4) Standard contracts other than (1), (2) or (3), above i. Application for a Replacement Standard Contract or $2,000 Substantive Amendment (<500 acre-feet/year) ii. Application for a Replacement Standard Contract or $2,000 plus Substantive Amendment ( 500 acre-feet/year) $1.00 per acre-foot/year of additional water Board Approved - October

15 above 500 acre-feet/year iii. Application for a New Contract <500 acre-feet/year $2, acre-feet/year and <5,000 acre-feet/year $2,000 plus $1.00 per acre-foot/year of additional water above 500 acre-feet/year 5,000 or more acre-feet/year $10,000 plus $1.00 per acre-foot/year of additional water above 500 acre-feet/year iv. Application for a Nonsubstantive Amendment $500 to a Standard Contract or a Substantive Amendment not increasing the MAQ or duration or requiring a replacement contract or an update to the water conservation or drought contingency plan * In the event that the General Manager or his/her designee determines that the application fee filed with an application for a non-standard contract is not sufficient to cover the costs of LCRA staff evaluating the technical information provided by the Applicant, the General Manager or his/her designee may, at his/her sole discretion, require the Applicant to: (1) provide additional funds to LCRA in advance of LCRA conducting further evaluation of the application, or (2) reimburse LCRA for any such costs. LCRA may also negotiate an agreement with the Applicant to allow for such evaluation to take place by a third party chosen by the General Manager or his/her designee at the expense of the Applicant. Applicant s refusal to provide additional funds necessary for LCRA to complete its technical evaluation within thirty (30) days of receiving a request from LCRA for such funds shall be grounds for rejecting the application. ARTICLE 6. STANDARD CONTRACT PROVISIONS 6.1 Required Standard Contract Terms Regarding Water Use. The proposed contract must address the following elements regarding the Applicant s proposed use of the water: (a) (b) Purpose. Classification of the purpose for which the water will be used shall be determined in accordance with the definitions in Article 3. The General Manager or his/her designee may issue contracts for multiple purposes provided the Maximum Annual Quantity is less than 500 acre-feet per annum. A proposed contract for multiple purposes with a Maximum Annual Quantity of 500 acre-feet per annum or more must be approved by the LCRA Board of Directors. Amount. The contract shall specify the Maximum Annual Quantity of water to be supplied by LCRA. LCRA shall determine the reasonableness of the MAQ requested by the Applicant by evaluating the availability of water, LCRA s current water commitments, the amount necessary for the Beneficial Use of the water without waste for the proposed use, Purchaser s Water Conservation Plan, the amount of conveyance, delivery or system losses for the proposed contract, and any impact to LCRA s water rights. Agency and industry standards shall be used in LCRA s assessment under this section including, but not limited to, the Water Board Approved - October

16 Conservation Implementation Task Force Report to the 79 th Legislative (TWDB November 2004); Texas Water Development Board Water Conservation Task Force Best Management Practices; and, other best management practices, standards and guidance commonly used by the same industries. To the extent that Purchaser proposes a MAQ that is based on standards other than those provided in this section, Purchaser shall submit a written justification describing the reasons the standards were not employed in the calculation of the MAQ. In addition, LCRA shall use the following criteria in determining the reasonableness of the MAQ: 1) Temporary Uses: Shall not exceed ten (10) acre-feet per year or any lower limitations provided by these rules for specific types of temporary uses. 2) Municipal Uses: (i) Shall not be less than the average annual quantity required by the TCEQ under its safe yield requirements for public drinking water systems. (ii) Shall not result in an average per capita consumption greater than the lesser of: (a) the average per capita consumption of adjacent and similar water users; or, (b) the average per capita consumption recommended in the current approved and applicable Regional Water Plan. 3) Irrigation Uses: (i) (ii) Shall be determined by consideration of crop type, soil characteristics, topography, method of irrigation, average annual precipitation, and average annual evaporation. Shall not result in an average per acre water demand greater than the average per acre water demand of adjacent and similar water users. 4) Industrial Uses: (i) Shall be justified, in a written report, by a registered professional engineer s estimate of the water demands of the specific industrial process being used. (ii) Shall not result in an average daily consumption greater than the average daily demand of similar water users in the same region. 5) Firm or Interruptible. The Contract shall specify whether the contract is for a firm or interruptible supply of water. Notwithstanding the above, for contract purposes, the MAQ shall be no less than 0.75 acrefeet per annum. 6.2 Surplus Water and Return Flows. In accordance with state law and Board Policy 501, water that Purchaser diverts but does not use for Beneficial Use in accordance with the contract shall be returned to the Colorado River or a tributary of the Colorado River unless otherwise provided in a Board-approved non-standard contract. 6.3 Source of Supply. (a) Unless specifically provided otherwise in the contract, LCRA may make available water under a contract from any existing or future source of firm water supply available to LCRA. (b) It is the Purchaser s sole responsibility to obtain access to the source of supply. A contract does not convey any express or implied easements. 6.4 Terms of contracts. (a) The standard terms for firm water contracts are as follows: Maximum Minimum (i) Temporary Contracts 3 years 30 days Board Approved - October